New Delhi, 29 December 2005
Following media report of two school students death due to electrocution in Srinagar in October 2004, the National Human Rights Commission asked the State Government of Jammu & Kashmir to send its report on the matter. The State Government apprised the Commission that to provide immediate relief/compensation to the next of kin of the deceased and the injured, an ex-gratia relief of Rs. 6.00 lakh has been sanctioned - Rs. 1.00 lakh each to the next of kin of the three killed in the incident and Rs. 50,000/- each to those critically injured/hospitalized.
As the per the news item published in The Tribune dated 19 October 2004, two students were killed and six critically injured when a live wire fell on the roof of the school building at Shariefabad, near Zainakote, Srinagar. Two students studying in KG and Third Standard came in contact with live wires and got electrocuted while six others suffered severe burn injuries and were hospitalized.
Unfortunately, in our country hundreds of people die every year due to electrocution. The Commission while dealing with complaints of death due to electrocution has been confronted with the plea that transmission line had snapped due to storm or gale. Therefore, the death was due to act of God and Transmission Company was not liable to pay compensation. The Commission, however, has granted immediate interim relief in a number of such cases by rejecting the mechanical pleas of the Electricity Transmission Companies. The Commission has held that if supplier of electricity fails in maintaining the services in safe conditions, it must give rise to an inference that there was negligence on the part of the supplier and in all such cases the Principle of Strict Liability must apply. The basis of such liability is the foreseeable risk inherent in the very nature of the activity. This rule of strict liability has been approved and followed in various jurisdictions after it was propounded in the celebrated case of Rylands vs. Fletcher as early as in 1868. The liability of the Board in accordance with the principle of the strict liability has also been adopted and applied by the Supreme Court of India in MP Electricity Board vs. Shail Kumar & Others and various other cases.
By bringing the principle of strict liability to the notice of the authorities, the Commission has ensured that reasonable compensation by way of interim relief is given to the unfortunate victims of electrocution irrespective of the fact whether or not there is any negligence on the part of the Transmission Companies.
In the case mentioned above, J&K Government reported that the next of kin of the deceased and also seriously injured victims have been paid ex-gratia compensation. The State also appointed an Inquiry Committee to look into the circumstances leading to the snapping of transmission line with a view to identify failure/shortcomings and to take steps to prevent reoccurrence of such incidents in future.
The Commission considered the report of the State Government and held that no further action is called for by it.
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